Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Brett Surbey
Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Brimming with culture, deep history and the famous Red Sox baseball team, Boston attracts tourists from all over the nation—and beyond. While this may be good news for the tourism industry, the more trucks there are on the roads, the greater potential there is for collisions.
Though navigating such a busy city presents a challenge for many, finding a suitable lawyer is a breeze with our curated list of the best truck accident attorneys in the area.
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Best Truck Accident Attorneys in Boston
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Filing a Truck Accident Lawsuit in Massachusetts
Truck accidents are complex matters due to the size of the vehicle(s) involved and the greater potential for serious injury. That’s why it is critical to hire an attorney that specializes in complex truck accident files. Here are some quick pieces of advice when it comes time to file your lawsuit.
Massachusetts Statute of Limitations
A statute of limitations is a law that sets out the deadline for filing a lawsuit. Any lawsuits that are filed after the stated period will not be heard. In the state of Massacheusutts, the timeframe for filing a personal injury claim, including a truck accident claim, is three years. For example, if you were in a truck collision on July 31, 2023, you would have until July 31, 2026 to file a claim. If you were to file even a day after the 31st, your claim would not proceed.
Keep in mind that if the defendant in your matter is a government entity or other Commonwealth member, the three year limitation date is still unchanged, but you will need to serve notice of the claim to the defendant within two years’ time.
Each state has their own statute of limitations for various civil cases in order to ensure fairness and reliability for all the parties involved. Over long periods of time, evidence (particularly witness testimony) can erode as people begin to forget core details of the incident—no matter how traumatic it may have been. It also becomes more difficult to collect evidence after more time has passed.
Massachusetts Laws for Truck Drivers
Truck drivers and other commercial vehicle operators do not often stay within state boundaries for their work. Because of this, their vehicles are governed by both state and federal laws.
- Drive Time Regulations: Federal law limits all truck drivers to a maximum of 11 hours of driving time after 10 hours of off-duty time has passed. When adverse road conditions are at play, however, this time limit may be extended by two hours.
- Size Limitations: Commercial trailers cannot be longer than 53 feet in length for semi-trailer and trailers within tractor-trailer combinations. Vehicle transporters, be it a boat or auto transport, can reach up to 65 feet in length according to state regulations.
- Licensing: Commercial truck operators in Massachusetts are required to have specialized commercial driver’s licenses (CDLs) depending on what vehicle they are operating and its specifications. They need to pass a variety of written and physical exams—along with a rigorous background check—to be licensed to travel interstate or intrastate. In Massachusetts, one can apply for a CDL at the age of 18, but will not be able to operate interstate until they are 21 and have the proper licensing.
Identifying Fault for a Truck Crash
Massachusutts is one of a few no-fault states, meaning that regardless of where the fault lies in a truck accident, the driver’s own personal injury protection policy (PIP) covers expenses incurred by accident. This does not mean you are entirely off the hook, however. PIP policies typically do not cover all damages incurred through personal injury such as broken bones, serious disfigurement, loss of vision, loss of a body part or reasonable medical bills in excess of $2,000. In these instances, proving fault becomes invaluable.
Massachusetts uses a modified comparative negligence rule to determine liability. This means that if a jury determines you are at least 30% at fault for the accident, you will only be able to claim 70% of your awarded damages—you are responsible for the damages caused by your own amount of fault. If you are more than 51% at fault for the accident, you can’t cannot recover anything at all since you are primarily at fault.
Here is an example:
A commercial truck driver was on the road for 12 hours after a 10 hour break which is one hour more than he should have been driving. While on the interstate, he is rear-ended by a car traveling much faster than the prescribed speed limit. Because of these facts, a jury found the truck driver to be 25% liable for the accident and the car driver to be 75% at fault given their excessive speeding. Even though the truck driver’s damages totaled $100,000, he is only able to claim up to $75,000 in damages because he was 25% at fault.
Truck accident cases can get very complex very quickly. That’s why it is important to reach out to a Boston lawyer as soon as possible after you have been involved in an accident.
How Can an Attorney Help You?
More often than not, trucking and insurance companies have extensive legal teams ready to act on their behalf in the event of a potential lawsuit. Having an attorney on your side levels the playing field.
To start, the lawyer assigned to your case will conduct a thorough investigation and collect all pertinent evidence including accident reports, witness statements, pictures and any camera footage. This will help them determine which party is at fault and establish the cause of the accident. From there, they will move onto proving the negligence of that party and determine their degree of responsibility for the incident.
Having an experienced truck accident attorney on your side, rather than suing on your own, will give you a substantial edge in settlement negotiation. A competent lawyer will look at all impacts of the accident on your life to determine fair compensation for your injuries.
An attorney will also handle all communications among all the parties involved in the case, including any insurance companies. This will allow you to focus your energy on recovering from your injuries—instead responding to a lengthy email.
Should you and your attorney decide to go to trial, they will represent you and advocate for your best interests throughout the entire process. Their support and diligence can make all the difference in receiving a favorable outcome for your claim.
How to Find the Best Truck Accident Lawyer in Boston, MA
Though all of the above lawyers are solid options if you have been in a truck accident, by no means are they your only options. There are many other reputable lawyers in the state of Massachesutts that can offer you good chances at getting the compensation you deserve. Here are some characteristics to look for when researching truck accident lawyers:
- Reputation. Any potential counsel without solid references, reviews or word-of-mouth recommendations could be a liability more than an asset. A skilled truck accident lawyer should have ample references from both clients and peers in their industry.
- Fees. Generally lawyers that take on truck accident cases operate on a contingency fee basis. This means they take a portion of the settlement or verdict, if the case is successfully handled—if not, no fees are required. Most lawyers in the Boston area charge from 25% to 35%. If you see fees from a lawyer that are substantially higher, or that they charge by the hour, they may not be a good option.
- Client Relations. While the experience and education a lawyer brings to your case are extremely important, so is how you are treated. Make sure to take the time to get to know your potential attorney, and their staff, before committing to a course of action.
- Experience. Truck accident cases can settle at many different stages, whether that is in a courtroom, pre-trial session, mediation meeting or arbitration. In addition to ensuring your attorney has experience in your type of matter, check and see if they have experience both in and out of the courtroom. Every single case is different, and an experienced attorney will know how to navigate each step proficiently.
Methodology
To come up with the Best Motorcycle Accident Lawyers in Boston in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much does a truck accident lawyer cost in Boston?
Many personal injury lawyers, including truck accident lawyers, operate on a contingency basis. This means that they do not get paid unless they win your case. This contingency fee is typically a percentage of the overall settlement award, dependent upon a number of factors such as the lawyer’s experience. Be sure to discuss your attorney’s preferred fee structure during your initial consultation.
If a Boston trucking company’s insurance company offers me a settlement, should I take it?
Generally speaking, accepting an insurance company’s initial offer is not a good idea. These types of offers usually do not take into account the long-term effects of a truck accident such as job loss and your injuries worsening over time. Accepting the first settlement offer from an insurance company could also result in the release of the at-fault party from further liability. A truck accident lawyer will be able to shed light on all of these details and guide you in the best direction.
What should I do if I have been in a truck accident in Boston?
Assuming you have called 911 and ensured all affected individuals are safe, the next best steps are to take pictures or videos of the scene, any injuries you have sustained and any damage to your vehicle. Having this evidence on hand allows you to not rely on an emotionally-battered memory weeks or even months after the event. These images will also allow experts to reconstruct the accident scene if required, which could help indicate which party is at fault. Speaking with a licensed truck accident attorney will shed further light on this question.
